Decision details

Policy for imposing financial and publication penalties under The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015.

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

The council has a statutory duty to enforce The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 in respect of domestic private rented property. Since 01 April 2020, private landlords have been prohibited from renting out homes that are subject to an Energy Performance Certificate (“EPC”) with an energy efficiency rating of F or G, unless they have registered a valid exemption on the PRS Exemptions Register.

 

As the enforcement authority, the council is empowered to impose financial and publication penalties on private landlords who breach their duties under the regulations. However, before the council can impose such penalties it must first adopt a just and proportionate policy which provides a framework for determining the penalties that should be imposed for each breach identified.

Decision:

Cabinet agreed:

 

1.  To approve the adoption of the proposed “Policy for imposing financial and publication penalties under The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015” annexed to this report; and

 

2.  To delegate authority to the Director of Housing and Planning, in consultation with the Cabinet Member for Housing and Community Services, to approve minor amendments to the policy.

Reasons for the decision:

Local authorities are expected to adopt a policy that will allow them to impose financial and publication penalties so they can effectively enforce the regulations. Having an adopted policy will help to ensure that private tenants are protected from substandard homes which fail the minimum standard for energy efficiency. Improving energy efficiency in privately rented homes will help tenants, particularly those who are vulnerable and the fuel poor, to enjoy a more comfortable and healthier living environment and lower energy bills. Effective enforcement of the regulations will also help to reduce greenhouse gas emissions.

Alternative options considered:

The option to adopt an alternative policy was rejected on the basis that the proposed policy was deemed to be just and proportionate.

 

The option to not adopt a policy was rejected on the basis that such a decision would deprive the council of an enforcement capability that is intended to help protect private tenants from energy inefficient homes

Report author: Richard Hopkins

Publication date: 20/11/2020

Date of decision: 19/11/2020

Decided at meeting: 19/11/2020 - Cabinet

Effective from: 28/11/2020

Accompanying Documents: